San Diego, CA asked in Banking for California

Q: Can i be sued by a bank for a default that happened over 10 yrs ago?

I was contacted saying i am being taken to court by a bank for a default that happened in december of 2010. I do not ever recall having this bank, and cannot find anything on line about it, but they have said they tried to contact me previously which i have never received. Can this "bank" take me to court to sure for a debt that is almost 10 yrs old?

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1 Lawyer Answer
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
Answered
  • Business Law Lawyer
  • Miami, FL

A: You are not saying what type of debt they allege (consumer, commercial, line of credit, credit card), but if the default took place ten years ago and you did not acknowledge the debt during that time, most probably the statute of limitations would not allow the claim to be filed in court, or it would be dismissed by the judge. This might be a collection agency or a scam, simply trying to get some money from you.

First, don't acknowledge the debt, and don't provide any personal information (to prove that you are not the person that owes them the money), its a trick.

You can access the Consumer Financial Protection Bureau (CFPB) where you may obtain more information. The website is: https://www.consumerfinance.gov/consumer-tools/debt-collection/

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